Disposed

Durgesh Mishra @ Satayam Mishra and 3 Others v. State of Up and Another

Allahabad HC27 Aug 2024CRLA/7886/2024

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST Act and IPC, the High Court disposed of the matter without adjudicating merits, directing the appellant to prefer a discharge application in the trial court while not compelling personal appearance pending such filing.

What did the court decide?

Appeal disposed; Appellant directed to file discharge application in trial court.

Durgesh Mishra @ Satayam Mishra and 3 Others vs State of… — Caste Atrocities | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:160439

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 7886 of 2024

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Appellant :- Durgesh Mishra @ Satayam Mishra And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Anoop Singh,Gaurav Singh Chauhan Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the parties.

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The instant appeal has been preferred to quash the charge-sheet dated 27.12.2024 and summoning order dated 29.04.2024 passed by learned Special Magistrate, SC/ST Act, Prayagraj in Special S.T. No.130 of 2024 (State vs. Durgesh Mishra @ Satayam Mishra and Others) arising out of Case Crime No.206 of 2023, under sections 147, 149, 323, 504, 506 I.P.C. and sections 3(1)Da, 3(1)Dha, 3(2)5ka of SC/ST Act, P.S. Holagarh, District- Prayagraj as well as quash the entire proceedings of abovementioned trial.

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Learned counsel for appellants submitted that appellants have falsely been implicated in the present case by the informant due to some hot talk between them about swinging jhulka and moreso, they had never used any caste abusive words against anyone, therefore, the allegations made against appellants are not tenable. Learned counsel for appellants further submitted that without collecting any material evidence, the concerned Investigating Officer submitted chargesheet whereupon, without applying its judicial mind, learned court concerned has taken cognizance by the order impugned over the chargesheet submitted by the concerned Investigation Officer in the present case and as such, the same may be quashed.

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Per contra, learned counsel for the opposite party vehemently opposed the prayer as made in the appeal and submitted that after conducting the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and as such, there is no illegality in the order impugned.

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Be that as it may, since the appellants are having liberty to prefer discharge application before the learned court concerned

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taking all pleas and grounds, which are available to them, therefore, they should approach the learned court concerned by way of filing discharge application.

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Accordingly, without entering into the merits of the issue, the present appeal is disposed of finally permitting the appellants to prefer discharge application before the learned court concerned through counsel at appropriate stage taking all pleas and grounds, which are available to them, enclosing therewith the relevant documents/ evidence, which are necessary for disposal of the discharge application. If such application be filed by appellants before the learned court concerned at appropriate stage, the court concerned shall consider and decide the said application, strictly in accordance with law, by speaking and reasoned order and by affording proper opportunity of hearing to the concerning parties and pass appropriate order expeditiously.

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Till the disposal of such discharge application, appellants shall not be compelled to appear in person pursuant to the aforesaid criminal case. However, it is made clear that if the present appellants do not file any discharge application at appropriate stage, the benefit of this order shall not be extended to them.

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Order Date :- 1.10.2024 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Durgesh Mishra @ Satayam Mishra and 3 Others v. State of Up and Another

Case brief

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Durgesh Mishra @ Satayam Mishra and 3 Others v. State of Up and Another

Case brief

What is this about?

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